A former Penn State trustee candidate who’s been campaigning for transparency from the university and pushing for board members’ and state officials’ emails has scored a victory.

The state Office of Open Records issued a decision Wednesday that the Department of Education should hand over hundreds of emails requested by Ryan Bagwell, the former board candidate who requested the documents through a Right to Know request.

Bagwell, who runs the Penn State Sunshine Fund, wants emails sent to Ron Tomalis, former state secretary of education, from Gov. Tom Corbett, his top aides and key Penn State officials.

The department found 644 pages, but wanted Bagwell to pay $338 in fees before it would even respond to his request and said it reserved the right to determine that some of the documents are protected and shouldn’t be handed over.

In its decision, the open records office found the Department of Education didn’t follow proper procedures in responding to the request. The state has 30 days to appeal the decision to Commonwealth Court.

Bagwell has been using open records requests in his ongoing bid to reveal information about how the university handled the aftermath of the Jerry Sandusky child abuse scandal.

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

HARRISBURG — A divided Penn State board voted Wednesday to endorse a potential legal settlement that would keep its $60 million fine over the Jerry Sandusky scandal within Pennsylvania, signaling their support for a deal to end a dispute between state officials and the NCAA over the sanctions.

The trustees voted 19-8 for the resolution over a possible deal to end a Commonwealth Court lawsuit over the use of the money. Penn State was added as a defendant in that case earlier this year.

The resolution states that keeping the money in Pennsylvania “would be a win for the commonwealth, a win for the university and a win for the children of Pennsylvania.”

Much of the debate focused on a statement that the university “remains committed to full compliance with the consent decree,” which included the fine, a multi-year ban on postseason play and a temporary loss of football scholarships. Most of the board's nine alumni members voted to strip that from the resolution, but they were defeated and then also lost the vote on the overall resolution.

The lawsuit in question is one of three pending legal disputes concerning the consent decree reached in the wake of the child sex-abuse scandal involving the former assistant football coach.

A federal lawsuit by the NCAA against Gov. Tom Corbett and others that challenges the legality of a 2013 state law requiring the $60 million remain in Pennsylvania is on hold for a month while the parties negotiate. The Paterno family and others have also filed a lawsuit in county court that attacks the legality of the sanctions, among other things.

Board chairman Keith Masser told the trustees on Wednesday that there is no agreement on the terms of a possible settlement, but the parties have asked for the board's position.More...

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

SIOUX FALLS, SD - The warning signs were there, but nobody ever thought a beloved football coach and trusted youth mentor was a serial child molester. One of Jerry Sandusky's victims told a Sioux Falls audience that it was almost a losing battle to get anyone to believe him.Retired Pennsylvania State University assistant football coach Sandusky is now behind bars.

On Thursday, Aaron Fisher told people at the U.S. Attorney's Violent Crime and Human Trafficking Conference why his name may sound familiar.

"I was known as victim one," Fisher said.

The 20-year-old was not Sandusky's first victim, but he is known as the first teenager to report his abuse. The report led to Sandusky's investigation and conviction. Fisher has told his story over and over, but it is still hard to talk about -- even with his biggest support system.

"I know that my mom knows because she read the transcripts. I know she knows. Everybody else knows she knows. I have yet to actually come out and tell her exactly what happened in the basement of that house," Fisher said.More...

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

BURLINGTON, Vt. — Former FBI Director Louis Freeh remained hospitalized Wednesday, two days after he crashed his SUV in southern Vermont.

Freeh, 64, of Wilmington, Del., was admitted under armed guard to the intensive care unit of Dartmouth-Hitchcock Medical Center in Lebanon, N.H., after the 12:15 p.m. EDT crash Monday on Vermont 12 in Barnard.

The bureau put the armed protection in place because of Freeh's past work on terrorism while serving as FBI director from 1993 to 2001, the authorities said.

The special protection was established by the FBI in cooperation with New Hampshire State Police.

The Vermont State Police initially said Freeh was seriously injured in the crash. The agency said Wednesday there is no indication Freeh's car was tampered with. The cause of the crash remains under investigation, but the police did say Tuesday there was no evidence that drugs or alcohol were a factor in the wreck.Freeh was southbound on a rural stretch of Vermont 12 in Barnard in a 50-mph zone when he drove his 2010 GMC Yukon off the left side of the road, striking a mailbox and bushes before coming to rest against a tree, the police said. Barnard is about an 80-minute drive southeast of Burlington, Vt.

A former federal judge, Freeh is known for his handling of high-profile FBI cases including the Unabomber and the Centennial Olympic Park bombing in Atlanta in 1996. More recently, he prepared a report highly critical of Penn State University's handling of the Jerry Sandusky sex-abuse scandal.

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

STATE COLLEGE, Pa. -- A new accuser has sued Jerry Sandusky, Penn State and a charity the former assistant coach founded, claiming he was sexually abused about six years ago.

The lawsuit claims Sandusky abused the boy during a shopping trip in 2008 or 2009, and after they attended a Penn State game in 2008 against Coastal Carolina University.

The trip would have come around the time law enforcement officials began investigating Sandusky in late 2008, based on a complaint involving a student in central Pennsylvania. They charged him in 2011.

Southard told the newspaper his client represents a new case. The lawsuit seeks $550,000, along with punitive damages and interest. Penn State previously settled 26 cases for nearly $60 million.

The lawsuit describes the boy as a participant in The Second Mile, the charity for at-risk children Sandusky founded, the newspaper reported.

Second Mile official David Woodle said the charity would "engage with them and try just to understand what's there and take it through the legal process." He said The Second Mile now exists only as the owner of real estate that is currently for sale. more

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Brothers and Sisters, I bid you beware/Of giving your heart to a dog to tear -- Rudyard Kipling

One who doesn't trust is never deceived...

'I remained too much inside my head and ended up losing my mind' -Edgar Allen Poe

The plaintiff in the latest civil suit to emerge from the Jerry Sandusky child sex abuse scandal had his case vetted by Penn State's mediation team last year.

Bret Southard, the attorney for the 18-year-old plaintiff, confirmed in an interview with PennLive Thursday that he did have conversations with Penn State's mediators about a possible civil settlement.

The fact that they have decided to pursue their suit in Philadelphia County courts is evidence that no settlement agreement was reached.

Penn State has paid out nearly $60 million in damages to some 26 people who said they were sexually abused by Sandusky, the longtime defensive coordinator for legendary head football coach Joe Paterno.

Mediator Michael Rozen has said previously that there were five other claims that were not settled.

Two of those were deemed factually credible - both victims were among the eight to testify at Sandusky's June 2012 criminal trial - but there was no agreement on monetary damages.

They have already led to separate civil cases.

There were three others, meanwhile, in which Rozen said the threshold of documentation needed to convince the university to settle simply hadn't been met.

The new case, filed in Philadelphia last month but first reported in The Centre Daily Times out of State College Wednesday, appears to be in that category.

The victim was contacted by Pennsylvania State Police in April 2012, because his name was among those that had been highlighted by Sandusky on his lists of Second Mile participants.

He was interviewed, but prosecutors chose not to bring additional charges against Sandusky at that time.

The civil case hinges on two specific incidents, both allegedly occurring when the boy was about 12 years old.

A shopping outing in 2008 or 2009, during which the former coach allegedly pulled his car over to the side of a road and forced the plaintiff into oral sex.A 2008 Penn State home game against Coastal Carolina University. The game was a rout, and the teen said Sandusky left early, took him back to his home, and raped him.In both instances, the youth said, Sandusky threatened to harm him or his family if he told anyone about the incidents.

Both instances occurred long after other allegations of sexual misconduct by Sandusky were made known to high-ranking Penn State officials, the suit asserts, and those officials were negligent in failing to properly act on them.

Southard, the teen's attorney, said he did not know why prosecutors decided against proceeding with criminal charges in his client's case, though he said the authorities were always "very supportive of, and very kind to my client."

He also declined comment Thursday on the specifics of his prior contacts with Penn State's civil team.Sandusky case prosecutors also declined to comment for this story.

But earlier this year, they did cite credibility problems with an alleged Sandusky victim who - like Southard's client - they interviewed extensively shortly before the former coach's 2012 trial.

The prosecutors were responding at the time to Attorney General Kathleen Kane's assertions that there were allegations of sexual abuse by Sandusky that post-dated the launch of the investigation.

Kane was attempting to make the point that Sandusky could have been arrested earlier in the probe.

In his rebuttal in June, former senior deputy attorney general Frank Fina said that the person who was interviewed had provided a variety of dates, including 2009, in which he said he was sexually abused by Sandusky.

Some of the fact patterns cited then have similarities to the new case.

Fina said that person's story was not deemed credible enough to take to criminal court, where standards of proof are highest. "We weren't able to verify any of those (attacks), and there were profound issues with that individual," Fina said.

In addition to Penn State, Sandusky and his former youth charity, The Second Mile, are named as defendants in the latest case.

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

LOCK HAVEN, Pa. - Six years after her interview with a teenage boy set off one of the most explosive criminal cases in state history, Jessica Dershem still works in the same windowless office in her hometown.

Dershem, a 32-year-old caseworker with the Clinton County Children and Youth Services department, investigates custody disputes and claims of child abuse and neglect. She handles 12, maybe 15, cases each year. Most never make the news - because they don't involve someone like Jerry Sandusky.

In the rush of sometimes-global news coverage of the former Pennsylvania State University assistant football coach's arrest and conviction on child sex-abuse charges, Dershem's role barely registered a footnote.

But the tall woman with friendly eyes and the words strength and resilience tattooed on her wrist played a critical part. It was Dershem who listened as 15-year-old Aaron Fisher told her that Sandusky - now serving 30 to 60 years in prison - went from wrestling and back-cracking to reaching below Fisher's shorts. And it was Dershem who notified state police.

And though she barely knew who Sandusky was then, she was among the first to confront him with the accusations.

"He admitted to everything except the sexual contact," Dershem said in an interview this month. "To me, that meant it was all true."

That conversation with Sandusky was the strangest Dershem had had during her career in social work - or has had since. It was also the start of a four-year saga that included her testifying in court, and that at one point stoked fears among Dershem's colleagues that they could be blamed for a case that cost famed football coach Joe Paterno and Penn State president Graham Spanier their jobs and that roiled the university and state.

"Throughout all the media coverage and the attention paid to her, she's never changed her work ethic or let any of it get to her," said Gerald Rosamilia, director of the Clinton County agency where Dershem works. "She is someone who day in, day out, does a great job. And when it was all over, she went right back to doing that."Dershem was 26 and two years into her career in November 2008 when her agency got a call from an official at nearby Central Mountain High School who said Fisher was coming in to report inappropriate contact with Sandusky.

Fisher, who came to be known as "Victim 1," admitted little that day. Dershem sensed he was holding back, which she had seen before in victims of sex abuse.

So she set up a second interview with Fisher and invited a state trooper. That time, Fisher revealed more, and Dershem sent Sandusky a standard letter informing him of the allegations and explaining the investigation process. Soon afterward, she called Sandusky to set up a time for him to come in and discuss Fisher's claims.

In January 2009, Sandusky went to Dershem's office accompanied by his lawyer, Joseph Amendola, who went on to represent Sandusky at trial. By then, Dershem had learned of Sandusky's exalted status in the Penn State community as Paterno's revered assistant coach and of his role in the Second Mile charity for at-risk youths. Even then, it didn't occur to her to feel nervous about where the investigation might lead.

"I was doing my job," Dershem said. "To me, it was a very simple case."

She was surprised when Sandusky didn't ask many questions about Fisher's allegations or display much reaction. Sandusky said he thought of the boy as a member of his family and admitted to much of the contact Fisher described, such as blowing raspberries on the boy's stomach and even taking Fisher out of class at his high school.

When Dershem asked whether he had touched Fisher below the waist, the former coach said he couldn't remember.

"That was unusual," she said. "Usually it's, 'No, I didn't do that.' "

The meeting, and Sandusky's evasiveness, further cemented Dershem's belief that Fisher was telling the truth. The report she filed with the state said her office had determined Sandusky abused the boy.

Sandusky initially appealed the report. But after Dershem added a supplemental file with information from Fisher's psychologist, she said, Sandusky withdrew the appeal.

Michael Boni, Fisher's attorney, said Dershem was a key component in getting the case moving.

"She was very active in her response," he said. "The important thing is that she treated his like any other child sex-abuse case."

Instant notorietyDershem's role in the investigation was over. But she was starting to realize the real story might be just beginning. She had learned more about Sandusky's work with children in the community and that he was a foster parent. Clinton County cut ties with the local branch of Second Mile, and she sensed it was only a matter of time before the case went public.

"I didn't think it would get as big as what it became, but I was fairly certain there would be other victims," she said. "Maybe this was naive, but I didn't have any concern that it would get swept under the rug."

In the months that followed, Dershem learned of the grand jury investigation. After news of the investigation broke in 2011, Paterno's firing sparked outrage in the Penn State community, Fisher's identity became known, and Clinton County gained instant notoriety as the place where the case began.

Dershem followed stories about the case in the media and was saddened, though not surprised, to see people defending Sandusky.

"People didn't want to believe he had done something like that," she said.

That fall, Dershem and her colleagues were warned not to show up to work at a concession stand the county's foster parent association had at Penn State football games.

"Some of the parents were afraid people would find out we were from Clinton County," she said.

When Dershem learned she would be called to testify at Sandusky's 2012 trial, she met with prosecutor Joseph McGettigan. He warned her Sandusky's attorney might try to undermine her credibility, and she anxiously studied her notes from the case, expecting a challenge.

In the end, Amendola's questions focused mostly on her written reports and on what Fisher told her in his first interview.

But nothing prepared her for the mob of reporters, attorneys, and onlookers who swarmed the courthouse.

"That was the first time I felt intimidated," she said. "It was the most nerve-racking thing I've ever experienced."

Six months after Sandusky's conviction, Dershem was honored by the Clinton County Board of Commissioners for her work in the case.

"It was something I never expected," she said. She displays the plaque on a shelf in her office alongside a courtroom sketch made from her day of testimony.More...

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

In a filing Monday, Freeh and his law firm, Freeh, Sporkin and Sullivan LLP, stated opposition to Spanier's motion, filed Oct. 10, asking that it be denied on the grounds of the importance of the questions presented by the appeal.

This is the latest step in a legal dance between the two parties spanning two federal courts. Spanier sued Freeh for defamation in Centre County Court, a case that was moved to federal jurisdiction, a move Spanier protested.

Spanier's "summary affirmance" motion means that his attorneys asked the United States Court of Appeals for the Third Circuit to look at the decision of Judge Malachy Mannion from the U.S. District Court for the Middle District of Pennsylvania and uphold it as appropriate.

Mannion dismissed Freeh's request to have a one-year period to move the case from Centre County Court to a federal venue as moot, saying the case was already in federal court. But according to Freeh's documents, that isn't good enough.

At the center of the issue is a peculiar twist of law where Pennsylvania and federal courts meet. If a case is filed in a Pennsylvania court, and one of the parties thinks it should be heard by a federal judge, there is a one-year period to ask that it be moved.

But when does that clock start? Some courts say it's when the complaint is submitted, but others have said it begins at the writ of summons.

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

NCAA arguments about expediency didn’t move a federal judge, who sided with state counsel Wednesday.

Judge Yvette Kane did not even address the NCAA’s arguments in her order granting the “enlargement of time” requested by Gov. Tom Corbett and Mark Zimmer, chairman of the Pennsylvania Commission on Crime and Delinquency. The parties now have until Oct. 29 to submit briefs in the case.

Zimmer and Corbett made the motion due to a conflict on the part of their lawyer, Senior Deputy General Counsel Linda Barrett. The request came after the NCAA’s own motion for an expedited judgment in its case, seeking to have the state’s Endowment Act declared unconstitutional.

That legislation, passed in 2013, would keep the $60 million in fines levied by the NCAA against Penn State after the Jerry Sandusky child sex abuse scandal in Pennsylvania. It was declared constitutional by the Commonwealth Court in April.

The NCAA requested the expedited judgment Oct. 6. Attorneys in that filing specifically sought the federal ruling to render moot a scheduled Jan. 6 trial ordered by Commonwealth Court Judge Anne Covey that would determine the validity of the consent decree between Penn State and the NCAA that allowed the fine and other penalties to be put in place.

Corbett and Auditor General Eugene DePasquale were dismissed as defendants in the NCAA’s suit Monday, the same day the request for an extension was made. Zimmer and state Treasurer Rob McCord remain defendants.

PennLive.com has published an op-ed written by Dottie Sandusky, the wife of imprisoned former Penn State assistant coach Jerry Sandusky, in which she writes in defense of her husband and says he's innocent of the crimes for which he was convicted.

Sandusky wrote the op-ed in response to the documentary "Happy Valley," which she says she recently saw.

"Happy Valley," written and directed by Ami Bar-Lev, covers the scandal involving Penn State and Jerry Sandusky, who was accused in 2011 of sexually abusing multiple children over a period of years. Sandusky was later convicted of 45 counts of sexual abuse in 2012 and is currently serving 30 to 60 years in prison, essentially a life sentence for the 70-year-old.

In her op-ed, the entirety of which can be found here *, Dottie Sandusky takes issue with the way "Happy Valley" depicts Jerry and the events surrounding his criminal investigation and subsequent conviction. She reaffirms her stance that her husband "is not a pedophile" and that he didn't commit any crimes.

"Happy Valley" debuted at the Sundance Film Festival in January and is scheduled for theatrical release on Nov. 19.

(Editor's Note: PennLive's community guidelines prohibit commenters from accusing Jerry Sandusky's victims of fabricating their experiences and testimony since he has been convicted in a court of law. However, we are publishing this piece by Dottie Sandusky because of its inherent news value. The piece has been reviewed by PennLive's lawyers for any potentially libelous content and it has been edited accordingly.)

*This story has been updated.

By Dottie Sandusky

Three years ago this month, my husband, Jerry Sandusky, was arrested. Incredibly, the media's version of that story is still being told today.More...

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

HARRISBURG, Pa. -- Former Penn State assistant football coach Jerry Sandusky has lost a legal battle to restore his $4,900-a-month pension, a benefit that was canceled two years ago after he was sentenced for child molestation.

Sandusky's attorney Chuck Benjamin told The Associated Press on Friday that the State Employees' Retirement System issued a 122-page opinion with the decision. Benjamin says he hasn't had a chance to read it yet, but that he plans to challenge it in a lawsuit.The decision followed a recommendation in June by a hearing examiner who said Sandusky had already retired by the time the Pension Forfeiture Act was expanded in 2004 to add sexual offenses to the crimes that trigger forfeiture.

The 70-year-old Sandusky is serving a decades-long sentence and appears likely to die in prison. His wife, Dottie, would be in line to continue collecting 50 percent of his pension benefits upon his death.

"All I can say at this point is we're looking forward to litigating the revocation of the pension in court," Benjamin said. "That's the next step of this process. We've exhausted our administrative remedies, and now we'll be filing papers within the next 30 days in court."

The hearing examiner, Michael Bangs, had said that the retirement system had improperly applied the forfeiture law to Sandusky for crimes he committed as a retiree.

Sandusky testified for nearly three hours by video link earlier this year at a hearing before Bangs regarding the forfeiture. He was the only witness called by his lawyers.

Sandusky spent decades as Penn State's defensive football coach before retiring in 1999. Penn State employees do not work for the state government but are eligible to participate in the state pension system.

Sandusky collected a $148,000 lump sum payment at the time he retired, and a total of $900,000 in pension payments by September 2012.

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

STATE COLLEGE, Pa. (AP) - Penn State's football team is getting back 112 wins wiped out during the Jerry Sandusky child molestation scandal and the late Joe Paterno has been restored as the winningest coach in major college football history.

The NCAA announced the new settlement with the school weeks before a scheduled trial on the legality of the 2012 consent decree it will replace.

The new deal also directs a $60 million fine to address child abuse be spent within Pennsylvania and resolves that lawsuit.

The NCAA board of governors approved the settlement, said association spokesman Bob Williams. The Penn State board approved it Friday afternoon.

The announcement follows the NCAA's decision last year to reinstate the school's full complement of football scholarships and let Penn State participate in post-season play, and comes just days after a federal judge declined to rule on the consent decree's constitutionality.

The NCAA said continuing the litigation would only delay the distribution of funds to sex abuse survivors.

"While others will focus on the return of wins, our top priority is on protecting, educating and nurturing young people," said Harris Pastides, University of South Carolina president and member of the NCAA board.

The consent decree sprung from the scandal that erupted when Sandusky, a retired football assistant coach, was accused of sexually abusing boys, some of them on Penn State's campus.

It had eliminated all wins from 1998 - when police investigated a mother's complaint that Sandusky had showered with her son - through 2011, Paterno's final season as head coach after six decades with the team and the year Sandusky was charged.

In September, the NCAA announced it was ending the school's ban on post-season play and restored its full complement of football scholarships earlier than scheduled.

The restored wins include 111 under Paterno, who died in 2012, and the final victory of 2011, when the team was coached by defensive coach Tom Bradley. It returns Paterno's record to 409-136-3.

The consent decree had also called for Penn State to provide $60 million to fight child abuse and combat its effects. The lawsuit scheduled for trial next month began as an effort by two state officials to enforce a state law that required the money to remain in Pennsylvania.

Under the settlement, the money will remain in Pennsylvania.

As part of the new proposal, Penn State acknowledges the NCAA acted in good faith.

"We acted in good faith in addressing the failures and subsequent improvements on Penn State's campus," said Kirk Schulz, member of the NCAA board of governors. "We must acknowledge the continued progress of the university while also maintaining our commitment to supporting the survivors of child sexual abuse."Michael Boni, a lawyer for one of the victims who testified at Sandusky's trial, said he favored restoring Penn State's scholarships and bowl eligibility last fall, but does not believe Paterno's victories should be reinstated.

"To completely restore, in a sense, Joe Paterno's heretofore pristine reputation, I regret that," Boni said. "He did a world of good, but he made a huge, huge error in judgment in helping cover up Sandusky's pedophilia, and even posthumously I think that has to be recognized."

Boni praised Penn State in its dealings with the victims but said he sensed a "shift in the tide" later.

"There was a movement away from what I thought was a genuine mea culpa on the part of Penn State, having accepted the NCAA sanctions, and one toward, 'Why did we cave so easily?' That was disappointing," he said.

Mike Guman, a Penn State running back from 1976 to 1979, called the deal "a step in the right direction" to vindicating Paterno. The late coach "was a great leader, a great coach and a great man," Guman said. "He needs to be looked upon in that light."

The deal infuriated some Penn State alumni who have long contended the NCAA had no authority to punish Penn State over the Sandusky scandal, and who were in favor of a trial.

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan

The NCAA has shown a change of heart with regard to sanctions against Penn State over the past year or so. Perhaps former assistant coach Jerry Sandusky – currently serving a sentence for 30-to-60 years (essentially a life sentence) for sexually abusing 10 boys — is hoping the judicial system works the same way. Sandusky has filed an appeal to throw out his 45-count conviction on the basis that pretrial publicity, leaks and an unprepared defense attorney led to an unfair trial process.

According to the Associated Press, the petition for an appeal is built on the foundation of an inadequate defense in the trial ans supposedly offers new evidence in Sandusky’s defense. State prosecutors in Pennsylvania are reviewing Sandusky’s appeal request, but have not responded at this time.

A new lawyer representing Sandusky says Sandusky’s right to a fair trial was “crushed under a stampede of vitriol, rage and prejudice.”

“The commonwealth’s entire case was a house of cards resting on testimony that trial counsel should have exposed as incompetent, unreliable and inadmissible,” Al Lindsay, Sandusky’s new lawyer. “The failure to even attempt to do so is inexcusable.”

Lindsay suggests Sandusky’s previous defense team of Joe Amendola and Karl Rominger “essentially abandoned” their client after not having a request to be removed from the case approved.

This is not the first time Sandusky was attempted to have an appeal. A previous appeal request was denied by the state Superior Court. Sandusky and his wife have continued to state the former Penn State assistant coach is innocent.

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" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan